Walker Bros. & Co. v. Daggett
Mississippi Supreme Court
Appeal from the circuit court of Jackson county. Hon. J. H. Neville, Judge. Suit by the Walker Bros. & Co., Limited, against Wm. A. Daggett. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Jackson county. Hon. J. H. Neville, Judge. Suit by the Walker Bros. & Co., Limited, against Wm. A. Daggett. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. It is a well recognized rule that delivery to a common ■carrier in the ordinary course of business constitutes ■delivery to the purchaser and in this case purchaser ordered the goods F. O. B. New Orleans, which was an instruction to the appellant to deliver same to the carrier. The .supreme court of Mississippi in the case of Planters’ Oil Mill Go.…
1Opinion of the CourtEthridge, J.
Walker Bros. & Co., Limited, is a corporation under the laws of Louisiana engaged in the mercantile business in the city of New Orleans. On or about the 12th day of March, 1915, through its salesman, appellant sold a bill of goods to the appellee Daggett, the goods to be shipped at ■different times f. o. b. New Orleans; the order being verbally given and not signed in writing. A portion of the goods were delivered and accepted by Daggett, but the goods involved in this litigation, amounting to ninety-eight dollars and forty cents, were delivered to the Louisville & Nashville Railroad at New…
2Cases cited1 opinion
- American Cotton Co. v. HerringMississippi Supreme Court · 1904
3Cited by3 opinions
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- Gross Manufacturing Co. v. RedfieldIdaho Supreme Court · 1929
- Chorley v. Miles F. Bixler Co.Mississippi Supreme Court · 1930